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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
08SN0292
Suzanne Duley
Bermuda Magisterial District
17825 Willowynde Road
October 22, 2008 BS
RE VEST: Conditional Use to permit a business (office use) incidental to a dwelling unit in a
Residential (R-7) District.
PROPOSED LAND USE:
A business office use that manages process serving, juvenile transport, private
investigation and executive protection services is currently being operated on the site
without the requisite Conditional Use. A Conditional Use is requested to bring the
use into compliance with the Ordinance.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
AYES: MESSRS. BASS, BROWN, HASSEN AND WALLER.
ABSENT: MR. GULLEY.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A. The proposed land use does not conform to the Consolidated Eastern Area Plan
which suggests the property is appropriate for residential use of 4.0 dwellings per
acre or less.
B. The land use is incompatible with existing and anticipated area development.
Providing a FIRST CHOICE community through excellence in public service
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE
AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY
A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A
"CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING
COMMISSION.)
PROFFERED CONDITIONS
(CPC) 1. This Conditional Use shall be granted to Suzanne Duley (Eckenrode),
exclusively, and shall not be transferable nor run with the land. (P)
(CPC) 2. This Conditional Use shall be limited to the operation of a process serving,
juvenile transport, private investigation and executive protection service
usmess. (P)
(CPC) 3. A maximum of two employees shall be permitted on the property at any time
other than family member employees that live on the property. (P)
(CPC) 4. A maximum of four (4) motor vehicles associated with this business shall be
parked on the site at any time. (P)
(CPC) 5. No clients shall be permitted on the property. (P)
(CPC) 6. Hours of operation shall be limited to between 8:00 a.m. and 4:30 p.m.,
Monday through Friday. (P)
(CPC) 7. No additions or exterior alterations shall be permitted to the dwelling or
accessory buildings to accommodate this use. (P)
(CPC) 8. There shall be no signs identifying this use that are visible from Willowynde
Road. (P)
GENERAL INFORMATION
Location:
North line of Willowynde Road, east of Vance Drive and better known as 17825
Willowynde Road. Tax ID 808-649-6917.
Existing:
R-7
2 08SN0292-OCT22-BOS-RPT
Size:
0.4 acres
Existin Land Use:
Residential
Adjacent Zoning and Land Use:
North, South, East and West - R-7; Single family residential or public/semi public
T TTTT ,TTTF,C
Public Water and Wastewater Systems:
This request will not impact the public water and wastewater systems. The existing
dwelling is connected to the public water system and wastewater disposal is provided by a
private septic system.
Health Department:
Use of private septic tanks must be approved by the Health Department.
ENVIRONMENTAL
This request will have no impact on these facilities.
PUBLIC FACILITIES
Fire ~ervice~
The Riversbend Fire Station Number 18 currently provides fire protection and emergency
medical service (EMS). This request will have a minimal impact on Fire and EMS.
Transportation:
This request will have minimal impact on the existing transportation network.
T .ANn T TCF.
Comprehensive Plan:
Lies within the boundaries of the Consolidated Eastern Area Plan which suggests the
property is appropriate for residential use of 4.0 dwellings per acre or less.
3 08SN0292-OCT22-BOS-RPT
Area Development Trends:
The area is characterized by single family residential development as part of the Woods
Edge Subdivision.
Uses:
Proffered conditions would restrict the operation to office use for several services offered by
the applicant to include process serving, juvenile transport, private investigation and
executive protection, for the applicant only (Proffered Conditions 1 and 2). Generally, the
applicant has indicated these services involve preparation and serving of legal documents
(process serving); the transporting of children to rehabilitative facilities (juvenile
transports); private investigations for law firms and insurance companies; and security for
high-profile clients (executive protection). According to the applicant, business activity
at the subject property is limited to one office employee, other than the applicant and her
family member, and one process server who picks up and delivers paperwork.
Proffered limitations include restricting the number of business vehicles parked on the
site to four (4) and the number of employees on the site at any given time to two (2)
(Proffered Conditions 3 and 4). Proffered Condition 5 precludes any clients from visiting
the property.
Site Design:
The applicant currently operates this home-based business from a portion of a detached
garage located behind the home. Proffered Condition 7 would preclude additions and
exterior alterations to any structures on the property for this use.
Hours of Operation and Signage:
Proffered Condition 6 would limit the days and hours of this operation.
A sign identifying the home-based business is currently located on the detached garage from
which the office is operated. Proffered Condition 8 would permit signage identifying the
use only if such sign is not visible from Willowynde Road. It should be noted that the
Ordinance currently limits any signage identifying ahome-based business to one (1) square
foot in area with no illumination.
CONCLUSION
The proposed land use does not conform to the Consolidated Eastern Area Plan which suggests
the property is appropriate for residential use of 4.0 dwellings per acre or less. In addition, the
proposed land use is not representative of, or compatible with, existing and anticipated area
development.
Given these considerations, denial of this request is recommended.
4 08SN0292-OCT22-BOS-RPT
CASE HISTORY
Planning Commission Meeting (9/16/08):
The applicant accepted the Commission's recommendation, but did not accept Staff s
recommendation. There was support present. Those in support noted the business was
unobtrusive and presented no traffic problems for the neighborhood.
Mr. Hassen acknowledged receipt of a petition and telephone calls in support of the
request, but cautioned the applicant relative to parking business vehicles on neighborhood
streets.
On motion of Mr. Hassen, seconded by Mr. Waller, the Commission recommended
approval and acceptance of the proffered conditions on page 2.
AYES: Messrs. Bass, Brown, Hassen and Waller.
ABSENT: Mr. Gulley.
The Board of Supervisors, on Wednesday, October 22, 2008, beginning at 6:30 p.m., will take
under consideration this request.
5 08SN0292-OCT22-BOS-RPT
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